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Two-story Attached ADUs The draft ordinance presented to the Planning Commission for the July 8 meeting indicated that two-story attached ADUs (greater than 16 feet in height) must meet the setbacks and separation requirements of the primary structure. Since the state law does not include provisions for ADUs greater than 16 feet in height, staff's interpretation was that an ADU greater than 16 feet in height (i.e., a two-story ADU) could be required to meet the setbacks, separation, and other applicable development standards of the primary structure. Comments from CFH challenged this interpretation, indicating that the state law does not permit any setback greater than 4 feet from side and rear property lines (and implying that such could not be required of any ADU, irrespective of its height). The feedback that staff received from HCD, however, indicates that an ADU greater than 16 feet in height could be required to meet the development standards including setbacks and separation for the primary structure. Accordingly, the draft ordinance included with this report reflects that ADUs greater than 16 feet in height are allowed, provided they meet the development standards for the primary structure. Two-story Detached ADUs The current PMC, based on revisions made in 2017, allows for ADUs above detached garages up to 5 feet from the side and rear property lines; in accordance with this existing standard and HCD's guidance on ADUs above 16 feet in height, this language will be retained. However, since discretionary review of the ADU is no longer permitted, the draft amendments to the PMC indicate that ADUs above detached garages must meet the objective design standards for two-story ADUs, intended to minimize potential privacy and other impacts. Also, language indicating that detached ADUs above a garage may not exceed two-stories' and 25 feet in height in all zoning districts has been added (except in the Agriculture District, where the existing maximum height of 30 feet remains unchanged). Conversion of Existing Space in Multifamily Developments The prior draft ordinance included language that would have prohibited the conversion of an "existing on-site amenity" in a multifamily development to an ADU. The CFH letter suggested that the term, "existing on-site amenity" was too vague, and not allowing conversion of such space would be contrary to the intent of the legislature. The revised ordinance indicates that the existing space within a multifamily development that is converted to an ADU must be space that is not habitable space. The state law provides examples of such spaces that include: storage rooms, attics, basements, or garages, as long as each unit complies with state building standards for dwellings. However, since spaces such as a community gym or community room could be classified as habitable space, these spaces could not be converted to an ADU. ' The PMC already indicates that detached ADUs that are not above a detached garage are limited to one-story: this standard would be retained. The modifications to the PMC propose that the maximum height of such one-story detached ADUs is 16 feet(instead of 15 feet)to comply with state law. Also,the PMC modifications indicate that attached ADUs are limited to two-stories and are subject to the height limitation of the primary structure. An attached accessory dwelling unit that is 800 square feet or less may be 16 feet in height regardless of the maximum height limits on the main structure,as prescribed by state law. P20-0412, Accessory Dwelling Units Planning Commission 3 of 7